Article 45/2021

Labour Edge

With reference to Jacobson v Vitalab (2019) 30 SALLR 175 (LC), what is the test to be met to succeed in raising an exception:

In order to succeed, the excipient must necessarily persuade the court that, on every interpretation the pleading in question can reasonably bear, no cause of action is disclosed (First National Bank of Southern Africa Ltd v Perry NO 2001 (3) SA 960 (SCA)). Care must be taken to distinguish the facts which must be proved in order to disclose a cause of action from the evidence necessary to prove them. The determination of the latter, in each particular case, is essentially a matter of substantive law rather than procedure (Alphedie Investments (Pty) Ltd v Greentops (Pty) Ltd 1975 (1) SA 161 (T)).

July 3, 2025

Is it a requirement that each page of an affidavit must be initialled? Is it a requirement that every page of every annexure to an affidavit must be initialled?

June 26, 2025

The first leg of the test to determine whether or not urgency exists, when an urgent application is brought, requires a court to assess whether an urgent hearing is necessary because the applicant will not be able to obtain substantial redress in the normal course.

June 19, 2025

Previous articles this year dealt with a zero-tolerance policy when tested positively for alcohol or drugs, as well as a zero-tolerance policy in respect of having tested positive for cannabis. In short, the courts hold the viewpoint that, by means of such policies, an employer is not permitted to create an absolute ‘no go zone’ and, furthermore, held that, at all given times, one of the fundamental questions to be asked, irrespective of the content of such zero-tolerance policy, is the effect of the drugs/alcohol/cannabis on the ability of the employee to do his/her job.